C.A., a Minor, by Her Mother and Guardian ad Litem, Esther APPLEGRAD, Esther Applegrad, individually, and Gedalia Applegrad, individually, Plaintiffs-Appellants/Cross-Respondents,
v.
Eric BENTOLILA, M.D., and Gita Patel, R.N., Defendants, and
The Valley Hospital, Kourtney Kaczmarski, R.N., Mary Brown, R.T., and Yie-Hsien Chu, M.D., Defendants-Respondents/Cross-Appellants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 30, 2012.
Decided August 9, 2012.
Attorney(s) appearing for the Case
Cynthia A. Walters , Short Hills, argued the cause for appellants/cross-respondents (Budd Larner, P.C., attorneys; Ms. Walters, of counsel and on the brief).
Rowena M. Duran , Mountainside, argued the cause for respondents/cross-appellants (Buckley Theroux Kline & Petraske, LLC, attorneys for The Valley Hospital, Mary Brown, R.T., and Yie-Hsien Chu, M.D.; Vasios, Kelly & Strollo, P.A., attorneys for Kourtney Kaczmarski; Ms. Duran and Karla M. Donovan, of counsel; Ms. Duran, Ms. Donovan, and Linda Fulop-Slaughter, on the joint briefs).
Susan J. Dougherty , Deputy Attorney General, argued the cause for respondent State of New Jersey ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Dougherty, on the brief).
E. Drew Britcher argued the cause for amicus curiae New Jersey Association for Justice (Britcher, Leone & Roth, attorneys; Mr. Britcher, of counsel and on the brief; Kristen B. Miller , Glen Rock, on the brief).
Ross A. Lewin , Princeton, argued the cause for amicus curiae New Jersey Hospital Association (Drinker Biddle & Reath LLP, attorneys; Mr. Lewin, of counsel and on the brief).
Before Judges SABATINO, ASHRAFI, and FASCIALE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
SABATINO, J.A.D.
In this case of first impression, we ascertain the dimensions of the confidentiality provisions contained within the Patient Safety Act (the "PSA" or the "Act"), N.J.S.A. 26:2H-12.23 to -12.25. We also examine their interplay with other laws and procedures, including the qualified common-law privilege for self-critical analysis of medical peer review documents, as set forth in Christy v....
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